BILL NUMBER: AB 2536 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Scott
(Principal coauthor: Assembly Member Jackson)
FEBRUARY 24, 2000
An act to amend Section 11106 of the Penal Code, relating to crime
prevention.
LEGISLATIVE COUNSEL'S DIGEST
AB 2536, as introduced, Scott. Crime prevention: criminal history
information.
Existing law requires the Attorney General to maintain a registry
of specified information concerning pistols, revolvers, and other
firearms capable of being concealed on the person and to include in
the registry specified data provided to the Department of Justice on
the Dealers' Record of Sale.
This bill would require that specified law enforcement officers be
furnished, upon proper application, information that a person has
been determined to be prohibited from possessing a firearm because he
or she is within a prohibited class due to a mental or emotional
impairment or is subject to a specified protective or restraining
order or has any other disqualifying conviction.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11106 of the Penal Code is amended to read:
11106. (a) (1) In order to assist in the investigation
of crime, the arrest and prosecution of criminals, and the recovery
of lost, stolen, or found property, the Attorney General shall keep
and properly file a complete record of all copies of fingerprints,
copies of applications for licenses to carry firearms issued pursuant
to Section 12050, information reported to the Department of Justice
pursuant to Section 12053, dealers' records of sales of firearms,
reports provided pursuant to Section 12072 or 12078, forms provided
pursuant to Section 12084, reports provided pursuant to Section 12071
that are not dealers' records of sales of firearms, and reports of
stolen, lost, found, pledged, or pawned property in any city or
county of this state, and shall, upon proper application therefor,
furnish to the officers mentioned in Section 11105, hard copy
printouts of those records as photographic, photostatic, and
nonerasable optically stored reproductions.
(2) When it is determined that a person listed in the Department
of Justice Automated Firearms System, or a person in possession of a
firearm, is prohibited from possessing a firearm because that person
is within a class prohibited by Section 8100 or 8103 of the Welfare
and Institutions Code or is subject to a disqualifying domestic
protective order or restraining order as described in subdivision (g)
of Section 12021, or has any other disqualifying conviction, that
information shall be furnished, upon proper application, to the
officers mentioned in Section 11105 through the California Law
Enforcement Telecommunications System (CLETS).
(b) (1) Notwithstanding subdivision (a), the Attorney General
shall not retain or compile any information from reports filed
pursuant to subdivision (a) of Section 12078 for firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person, from forms submitted pursuant to Section 12084 for
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person, or from dealers' records of sales
for firearms that are not pistols, revolvers, or other firearms
capable of being concealed upon the person. All copies of the forms
submitted, or any information received in electronic form, pursuant
to Section 12084 for firearms that are not pistols, revolvers, or
other firearms capable of being concealed upon the person, or of the
dealers' records of sales for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon the
person shall be destroyed within five days of the clearance by the
Attorney General, unless the purchaser or transferor is ineligible to
take possession of the firearm. All copies of the reports filed, or
any information received in electronic form, pursuant to subdivision
(a) of Section 12078 for firearms that are not pistols, revolvers,
or other firearms capable of being concealed upon the person shall be
destroyed within five days of the receipt by the Attorney General,
unless retention is necessary for use in a criminal prosecution.
(2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon the
person unless retention or compilation is necessary for use in a
criminal prosecution or in a proceeding to revoke a license issued
pursuant to Section 12071.
(3) A violation of this subdivision is a misdemeanor.
(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and 12084 or
any other law, as to pistols, revolvers, or other firearms capable
of being concealed upon the person and maintain a registry thereof.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular pistol, revolver, or other firearm
capable of being concealed upon the person as listed on the
information provided to the department on the Dealers' Record of
Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in
Section 12084, or reports made to the department pursuant to Section
12078 or any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular pistol, revolver,
or other firearm capable of being concealed upon the person and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to Section 12078 or any
other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular pistol, revolver, or other firearm capable of being
concealed upon the person acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm; model name
or number if stamped on the firearm; and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105 or to the person listed in the registry
as the owner or person who is listed as being loaned the particular
pistol, revolver, or other firearm capable of being concealed upon
the person in the form of hard copy printouts of that information as
photographic, photostatic, and nonerasable optically stored
reproductions.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.